Rag Singh v. Sanjay Kaushish

98AS01711: RAG SINGH VS SANJAY KAUSHISH 01/12/2026 Hearing on Motion - Other Request to Allow Renewal of Judgment Late in Department 25

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 25 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept25 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver

98AS01711: RAG SINGH VS SANJAY KAUSHISH 01/12/2026 Hearing on Motion - Other Request to Allow Renewal of Judgment Late in Department 25

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING:

This matter is DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (See, e.g., Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)

The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a in several respects. The proof of service purportedly executed by “Sam Harris” simply states:

I am over 18 years old; and I am not a party to the action. I served “Request to allow Renewal of Judgment late” and its attached documents on the following parties by mail on 11/1/25:

Sanjay Kaushish, 755 Rocky Creek Ter, Brentwood, CA 94513-1833

I declare under penalty of perjury that the above is true and correct.

Date: 11-4-25 Sacramento County

Submitted Respectfully

(POS, filed 12/2/25.)

Pursuant to Code of Civil Procedure §1013a, proof of service by mail may be made by the following method:

An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

98AS01711: RAG SINGH VS SANJAY KAUSHISH 01/12/2026 Hearing on Motion - Other Request to Allow Renewal of Judgment Late in Department 25

(Code Civ. Proc., § 1013a (1).)

Plaintiff has again failed to comply with these requirements. While not required, Plaintiff (or the individual effecting service on behalf of Plaintiff) did not utilize Judicial Council form POS-040 “Proof of Service—Civil”, which contains numbered provisions for individuals to utilize to show proper service.

Parenthetically, the Court also notes that it appears that Plaintiff failed to comply with the requirements for motion papers pursuant to California Rules of Court, rules 3.1110, 3.1112, and 3.1113.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules Court, rule 3.1312.)